New Construction – Settlement Cracks and such

nail popHome Warranty: I just sent a text message to one of my clients who bought a new construction home almost a year ago regarding their “Builder Warranty”.

A new home will have its fair share of minor settlement cracks and “nail pops” and many quality builders will come back at the end of the 1st year to fix these. Some will have a limit as to how many times they will come back to the home to fix them, so I generally advise my clients to read their warranty very carefully so as not to use up their total return visits in the first week.

Many, many times I have gone to someone’s home to list it for sale finding these settlement issues, and the owner never bothered to call the builder in the warranty time frame to have them corrected. Trying to fix them 5 years later is not only more costly, since the builder would have done it for free if that is provided in the warranty, but also more difficult to fix. Finding the exact paint color five years later can be difficult. The 5 year old paint on the wall or ceiling may not match even if you have the exact paint color.

One of the most important issues with these fixes is not the paint color, but the paint “sheen”. Often I will go to someone’s house and see everything “fixed” by the owner vs the builder, and even though they used the exact same paint color, the fixes have a shine, and the rest of the wall does not.

If you bought new construction about a year ago, take out your builder warranty and examine your home very carefully. Look around door frames, windows, drywall tape joints. Pull your furniture away from walls and look for “bows” in the wall from green wood having dried incorrectly. Often you can see this by examining the baseboard for gaps, and remember to look at both sides of the wall if you find this type of abnormality.

Maybe you can have your friends over for an “Almost One Year Anniversary – Find a Crack” party 🙂

There is usually a “drop dead date” in your warranty for these types of minor repairs, so be sure to PUT IT IN WRITING. Don’t just call the builder a week before your time frame expires. It’s too easy for someone to say you never called, or that is not what you called about.

Best to get your request to the builder, in writing, before the time frame lapses. Happy One Year Anniversary in your new home, often includes a visit from the builder to fix those things that tend to settle in the first year of a new construction home.

If you bought resale, with a one year “home warranty”, same story. If you have been “ignoring” a small problem that may be covered by that warranty, be sure to get a written request in before that warranty expires. You will be looking for different things if it is resale vs new construction, so read your warranty carefully. You might even want to have a full home inspection done, to make sure you don’t miss something.

Should you sell your home?

houseFive to one, more people are asking me if they should sell their home vs. if they should buy one. That said, I have more buyer clients than seller clients. Those buyers are simply not asking IF they SHOULD buy. The most difficult scenarios are those who need to do both at the same time, who cannot buy unless they sell, and who don’t want to put their home on the market until they know where they will go if and when it sells.

I ask three questions when someone calls or emails me asking if they should sell (now).

1) Why are you thinking about selling it?

2) When did you buy it?

3) Have you “cash out” refinanced it since you bought it, and if so, when?

When you read articles like this one, and see that Seattle Area home prices are at April 2005 levels (I agree) and peaked in May of 2007 generally (I say July 2007, but close enough), it should tell you that if you purchased during that timeframe, and even between April 2005 and present, it is highly unlikley that you will be able to sell it without bringing money to closing.

Funny…no one talks much about “bringing money to closing” these days, though it happens probably at least as often as a “short sale”. Everyone assumes “upside down” homes are “short sales”, when in fact many sellers simply walk into closing with a check the same way that buyers do. Even people who are qualified to do a “short sale”, often have to bring money to closing. Just because the home sold for less than was owed, does not automatically mean that the difference was waived permanently or temporarily. Sometimes the owner pays it in full, and sometimes the owner pays it in part.

Let’s take a somewhat ludicrous example to make that point. Say the net proceeds of the sale is $500 short from covering all expenses. Likely that $500 is going to be paid by someone, and not worth going through the “short sale” process. Another example: If someone is making their payments, has $100,000 in the bank and makes $120,000 a year and is “short” $20,000, not as likely that the lienholders are going to approve a short sale. That “seller” should be bringing $20,000 to closing. This is VERY important for agents to understand as many are listing homes as short sales simply because the amount owed is in excess of current fair market value. That is NOT the only criteria to “selling short” without bringing the needed difference to closing. If the owner can choose to stay in the home if they are not approved for a short sale, if they have the means to stay and plan to stay if they are not approved, that home should really not be on the market.

Given the knowledge we have that current prices are at April 2005 levels, give or take, let’s apply that to a specific example:

Should you sell your home if you bought it in January of 2004, and are relocating with your family to another State? Let’s say it is a 2,400 sf home in Redmond in X neighborhood, for example. I see several sales in the tax records of 2,400 sf homes in that neighborhood in the 1st quarter of 2005, all selling at approximately $530,000 which is about $100,000 more than they sold for in early 2004. Cost of sale is about 8%, so let’s call expected net proceeds after sale and possible repairs at inspection at about $90,000. Always best to round down to worst case scenario. Let’s call it $75,000, because you don’t want to put your house on market with the highest of expectations. Great if you get them, but not great if you have a vacant house on market for 6 months because you “want” $90,000 net proceeds.

If you would sell it if you could walk away with $75,000 plus your down payment back, then yes you should probably sell it. One reason you might want to rent it is if you want to “leave the door open” to possibly coming back if you don’t like your new job in that new State.

If you refinanced that same house in 2007 for $650,000, then you likely want to rent it for some period if you can, so you can take the loss as a write off by turning it into a rental property vs. a primary residence before you sell it. Check with your tax accountant before putting it on market for sale.

I can’t go through a lot of examples here in the blog post, but know that:

Why are you selling it?
When did you buy it”
Did you do a cash out refinance after you bought it?

are the three most important questions to be answered, that the person who is advising you needs to know before answering the question.

If an agent says “YES! You should sell it!” without asking these questions before answering, that probably means they just want a listing so they can get buyer calls from the sign and advertising, and use your home as “inventory” to get buyer clients. 🙂

Join us at the HomeQuest Social Media Summit Next Week

David speaking at Real Estate Connect NYC '10Hey real estate professionals! I’m super excited to be taking part in the HomeQuest Social Media Summit next week in Portland…

I’m going to be speaking about creating and promoting your content… but more interestingly, the HomeQuest team has also lined up:

I know all three of these guys well and can tell you without a doubt that these are three of the smartest guys in online real estate.

This is sure to be a great event with lots of great learning (did I mention it’s free???).  You can register here!

And if you’re planning to attend, let us know in the comments. Maybe some folks from the Seattle are would like to carpool down!


[photos courtesy of Dale Chumbley of the Clark County Real Estate Blog, who always brings #thefun and will almost definitely be joining us next week as well!]

“New on Market”? Maybe not.

The new listing numbers started out in 2010 with 3 digits vs 8 digits of the last decade and beyond. It would be awesome if we could track how many new homes are coming on market by these numbers. Unfortunately I am seeing many “new” listings on market for hundreds of days.

There is a rule against, and fine for, “trading up” your mls # from a 2009 or even 2008 listing number to a fresh 2010 one. But I am seeing many that “expired” vs. cancelled on 12/31/09 and then re-listed (often with the same agent) since 1/1/2010.

These listings are also coming up with the “n” symbol as being “new” on market. They are also showing as “on Redfin 1 day” so be sure to look at CUMULATIVE DAYS ON MARKET before determining whether or not it is really a “new” listing. You can do this on Redfin by clicking the property detail. Cumulative Days on Market seems to be “one click away” as in “on Redfin 1 day” but Cumulative days on market 455 days.

Maybe some day there will be only one mls # allowed per home address…on a 12 month rolling basis. But for now, there really are not over 3,000 “new” listings since 1/1/10, even though over 3,500 have been “newly listed” since 1/1/2010 as of today.

It’s possible that the mls will take away their “new” number, and give them back their old one. It would be great if they did, so we can track how many really new listings there are coming on market this year. So far I have not seen a way to search by “cumulative days on market”. I’ll have to ask Matt Goyer over at Redfin if they have an internal system that will do that. But if they did, I would think they would not be showing those “on Redfin 1 day” houses that have been on market for over a year.

Are you “making an offer” or buying a house?

soldBuyer Beware of Real Estate “lingo”. The soft language of “making an offer” is really leading you to sign a binding contract. For some this comes as no surprise. But for others who may think they are simply making an offer, and later deciding whether or not they really want to buy the house, this is very important. If the seller signs your offer without any changes, you are in a binding contract to purchase that house.

An agent can pretty much tell what is happening when the buyer is signing the contract. That is why I think all contracts should be signed in person, in front of the agent, and not via fax or e-signing. If they are only paying attention to the offer price, signing quickly, and not asking questions about or reading the 10 or more attached pages to “the offer”, it becomes fairly evident that they are thinking they are flushing out the “true” price vs. the asking price from the seller. Not so. Another clue is if the “offeror” is asking how they get their Earnest Money back, before signing the offer. In real estate you quickly move from making an offer to actually buying THAT house, in many cases. Once the seller signs that “offer” you are quickly pushed into the queue toward closing via the escrow process that ensues.

The key is not simply to leave yourself a bunch of legal outs, but to make sure that you really ARE going to buy that house, unless new information suggests otherwise. You should not be cancelling “on inspection” because you decided not to buy the house because of the street it is on, unless you learned something new about that street (from the inspector) AFTER you made the offer. You can, but you shouldn’t. You should consider that the seller is thinking that you really do intend to buy his house, based on what you could readily see prior to making the offer. Making an offer is not really a “maybe I will buy it”. Making an offer is indicating that you ARE buying it, unless new information that was unavailable at time of offer comes forth prior to closing, and during the due diligence period of the contract.

Technically you can lose your Earnest Money if you say “I changed my mind about buying a house” when you ask to cancel “on the home inspection”. Well, let’s change that to you SHOULD lose your Earnest Money if you are cancelling merely because you changed your mind, or because you didn’t realize when you made the “offer” that you were actually agreeing to buy the house. Remember, you are causing the seller to REMOVE the home from market. You are pulling the property OFF of the public portals. You should not be doing that simply to have more time to think about whether or not your really want to buy it.

Making an offer means you want to buy that house. An offer to purchase is not intended to be used simply to prevent other offers from coming in, while you think about whether or not you want to buy that house.

How much home can you afford?

There are few things more important to me than a home buyer being able to qualify themselves, vs. taking anyone else’s word for the answer to “How Much Home Can You Afford?” Since I am a real estate agent and not a mortgage professional, I like to post a laymen’s view at least a couple of times a year on this topic. This simplistic approach should be any potential homebuyer’s first step in “the process”. I also think that any Buyer’s Agent should go through this detail with their clients before assisting them in making an offer on a house, so consider this an agent tutorial post as well.

There are many easy to use Mortgage Calculators like this one on Zillow. But just as you should know that 6 times 3 is 18 without needing to use a calculator, you should know WHY the online mortgage calculator is spitting out a number. If you know that 6 times 3 is 18, you will know if the calculator sums that out at 37, that you or it did something wrong. Same with Mortgage Calculators and Pre-Approval letters. You should know enough to know when the answer is outside of most people’s “comfort zone”.

Back to the online mortgage calculator. The first data field you need to fill out is “current combined annual income“. You need to know a few things to answer that question correctly.

1) When they say “income” they mean GROSS income, not your take-home pay.

2) If you are salaried, and make the exact same amount every paycheck, then your current salary is what goes in that data field. If any portion of your income is based on an hourly rate or a bonus for production, then your most recent income information is not usable. Unless it is a promise to pay (salary), then your “annual income” is determined by averaging your last two years worth of income AND is subject to subjective changes by the lender’s underwriter. Sometimes that happens a week before closing! So best to qualify yourself using projected, realistic potential outcomes.

If you just got a raise from $75,000 a year to $85,000 a year, and none of that $85,000 is subject to change based on hours worked or bonus income, then the full $85,000 a year goes in that box.

If you made $85,000 a year of which $60,000 is salary and $25,000 is overtime and/or bonus income, then $85,000 is NOT what you put in that box. If you had overtime and bonuses of $15,000 last year and $25,000 this year, then you add the two together and divide by 2, making your annual gross income $60,000 salary plus $20,000 of overtime and bonus pay. HOWEVER, if it is the reverse and you had $25,000 last year and $15,000 this year…not likely the lender is going to look at a figure higher than $15,000. They may impose a continued downward trend on that recent $15,000 earning vs. $25,000 the year before. In fact they could exclude it altogether as an unreliable source of income, unless your employer produces a letter guaranteeing that the overtime and bonus income will not drop below $15,000 for the next year or two.

3) “monthly child support payments” is the next line in that particular “mortgage calculator” and is the only additional income category. That doesn’t seem right at all to me. Best to contact a lender regarding all of your “other income” sources to determine which, if any, they will use. What if your child support payments are ending in 8 months? What about interest income, alimony payments, etc.? Unless you need to use these other income sources to qualify, and expect them to continue for the life of the loan, or at least for 10 years, I would suggest not including this “other” income. It will give you a “cushion” of extra monies if needed. Buy a home you can afford without these extra income considerations, if at all possible. More on this when we get to “back end ratio”.

Back to the handy but not so accurate online mortgage calculator it makes no sense to me why they would ask for HOA dues in the “income-debt” portion and then again when getting to estimated monthly payment for the new loan. In fact the whole “income and monthly debt obligations” section is poorly worded for accuracy. Once you get past income, you want to calculate your monthly “debt” payments. The most common of these are”

Car payments, Student loan payments, credit card payments, alimony or child support payments (though technically not “debt”). What you do not include are regular living expenses like utilities, gas, car insurance…all of these are not “debt’ payments.

Now skip all the way to the bottom and see the terms “front end” and “back end”. The calculator has a pre-set for 28% front end and a 36% back end. it allows you to change these pre-sets, but do not do that until you understand the numbers using the pre-sets. Assume that the pre-sets are the Average Comfort Zone for most people.

“Front-end” is your housing payment. “Back-End” is your total debt PLUS your housing payment. Old school rules work like this:

You make $10,000 a month gross at 28% = $2,800 a month for housing payment “front-end”
You make $10,000 a month gross at 36% = $3,600 a month for housing plus debt payment “back-end”.
IF your debt payments are $1,000 vs the $800 allowed, then your front end should be $2,600 vs. $2,800. $3,600 back end minus $1,000 = $2,600, so your “back end being out” reduces the amount available for housing payment by $200.
BUT that does not work in reverse. If you have NO DEBT, your housing payment stays at $2,800 and DOES NOT increase to $3,600. This based on how likely is it that you will have no debt for 30 years?

That last paragraph is the most important paragraph in this post, so take the time to understand it well.

28% front end and 36% back end has been the long term conservative approach since forever. It is also very rare that a lender will use these ratios when qualifying you for a mortgage, so YOU must do it yourself. Then when you know your payment should be $2,600 and the lender qualifies you for a payment of $3,500, you know just how much your lender is stretching you outside of conservative standards. That tells you how difficult it may be for you to actually make that payment for the next 3-5 years. A family with 4 children might only be able to spend 20% to 25% of their gross income on housing payment. A single person with a high income may be able to stretch to 33% of their gross income on housing payment. If you are a VA buyer…this is very important, as VA uses one ratio and not two (last I looked) allowing you to spend your full back end allowance on housing payment if you have no current debt.

One of the things that prompted me to write this post today was this comment I saw from a lender on Zillow:

The rules are still tightening-to a fault. Fannie Mae will soon be announcing that they are going to a 45% back end ratio and any borrower with a 620 fico score has to put down at least 20 percent. I can live with the 20 percent for a 620 fico,but the 45% back end ratio is going to make it even more difficult…

As you can see, lenders are not used to people qualifying at a conservative standard of a 36% “back end ratio” and are complaining that the rules are too tight when requiring a 45% back end ratio. OUTRAGEOUS! Remember we are using GROSS income and not net income. So 45% of your gross income on housing payment and debt is clearly NOT too “tight” of a rule.

Knowing how to qualify yourself using 28% front end and 36% back end, will help you know for yourself what monthly payment you truly can afford. Here’s my suggestion: If conservative ratios say you can afford $2,800 for a housing payment, and your lender says that number should be $3,500, test it first. If your current rent payment is $1,700, try putting $3,500 minus $1,700 in the bank every month (not on average). If you can’t put an additional $1,700 a month in the bank easily, each and every month for at least 6-9 months, don’t consider buying a house at the max your lender “says” you can afford.

In fact regardless of the ratios, it’s a very good idea for you to pretend you have that new housing payment well in advance of making an offer to purchase. Test for yourself, by banking the difference, before taking on that 30 year obligation to pay.

Buyer Beware – “great deals” may come with other “issues”

big new houseWhen you get the opportunity to buy a house “worth” over a million dollars, for fifty to seventy cents on the dollar, you have to ask yourself if you can “afford” it before you say WooHoo!

#1 –  Real Estate Taxes may be too high

Often people ask why so many pending sales don’t close.  There are many reasons, one of which is that lender pre-approvals show a purchase price vs. a monthly payment.  Reality is that your lender is NOT qualifying you for a purchase price, but for some reason they think it is easier for you to understand a price vs. a monthly payment. They then make assumptions as to other costs, and convert their communication to you, the agents and the seller, to a Purchase Price. (This was not so when I started in real estate, and someone should change that.)

So you have a pre-approval to buy a house for $650,000 with a 20% downpayment.  What that really means is the lender “assumed” taxes of approximately $6,500 a year and homeowner’s insurance of $650 a year. Now you go out and find an amazing, super-great deal! You have the opportunity to buy a house assessed at $1.2 million for “only” $650,000! WooHoo? Maybe not.  The annual real estate taxes are $11,000 a year vs. $6,500 a year and the homeowner’s insurance is $1,100 vs. $650. That means your monthly payment is $412.50 more each month for that particular “$650,000 house”, than your lender assumed when you were pre-approved.

Your income needs to be $15,000 to $18,000 more per year, for you to be able to afford that particular $650,000 house.

There are two possible consequences. One is that the loan will “kick out” early enough for you to get your Earnest Money returned, assuming you have a good Finance Contingency. The other is that you planned to buy with a payment of  $3,400 a month, but end up being approved for a payment of $3,800 a month, with no recourse.

It’s possible that you could appeal the assessed value with the County, but I’m not hopeful that will work this year. I clearly wouldn’t recommend anyone promising you can have the taxes reduced to a level commensurate with the lower Purchase Price,  unless you are buying in California. In King County Washington this is NOT a good year to bet that you can prove that the purchase price of $650,000 is a good reason for the County to lower your assessed value of record. Nor is it a good year to think that lower assessed value will equal lower taxes. The County has already notified owners that they are dramatically reducing assessed values (not taxes). 2010 is a particularly bad year to rely on being able to get that tax bill dramatically reduced, in my opinion.

The only sure course is if the bank-owner would have the assessment and taxes reduced prior to sale, in order to obtain a buyer for that home. But I strongly doubt that will happen. Anyone who can’t afford the $11,000 tax bill that comes with that “great deal”, should not be buying that house.

 

#2 – The “carrying costs” may be too high

When a lender pre-approves you for a Purchase Price of $650,000, they do not consider annual use and maintenance costs. Unlike real estate taxes and homeowner’s/hazard insurance, the lender makes no assumptions as to utility bills and other maintenance and repair/replacement costs. In King County a $650,000 house is generally about 2,900 square feet. A house for $1.2M is usually about 4,400 square feet, and often on a much larger lot.

Before you buy that 4,400 sf home on an acre+ lot for $650,000, instead of a 2,900 sf home on 1/4 acre, be mindful of the extra cost to heat and maintain that larger home on that larger lot, in good condition, over a period of years.

 

#3 – Cheaper, bank-owned, new construction may not be “complete”

Most recently we are seeing builders losing their construction projects to the bank. The bank then puts the house on market “as-is”.  Yes, the prices can be awesome! But will your lender finance the “new home” without it being completed? There are programs available to provide funds for purchase and rehab or completion, but are you ready to be your own “general contractor”? Even if you think you can handle it, will the new lender allow you to be your own “general contractor”?

Again, two possible consequences. One is you don’t qualify for the new financing, including cost to complete the home. Again, hopefully that consequence “kicks in” early enough for you to get your Earnest Money back under the Finance Contingency. Another possibility is that the things that need to be completed do not cause the sale to fail, but you end up with a house like the one pictured above. No landscaping, temporary construction fences or barriers, no garage doors…and no money to comply with the neighborhood rules to get your new home in good order in the timeframe required by the CC&Rs.

Once you enter into a Contract to Purchase, you may not be protected against “biting off more than you can chew”. Before you enter into a contract to purchase that “screaming deal”, make sure you can handle all the “issues” that come with.

Are you going? REBarCampSeattle and more…

logoThere are a ton of great Seattle real estate events in the near future with RCG contributors playing a huge part, so last week I asked RCG contributors to let me know which events they were going to be participating in and I thought I’d give a quick summary…

REBarCamp Seattle, 9/8 (tomorrow!):

  • A gathering of passionate real estate professionals. A casual, open, and fun way to learn about cutting edge real estate marketing ideas.
  • RCG Contributors attending include: Rhonda Porter, Ardell DellaLoggia, Galen Ward, and Cortney Cooper

SCKAR Event, 9/22:

  • How how to use Social Media panel discussion with Rhona Porter, David Gibbons and Matt Heinz.  Moderated by Claudia Wicks.

Lenders Connect (WAMP), 10/5:

  • 18th Annual wholesale lenders conference
  • Rhona Porter, Jillayne Schlicke (speaker)

REbarcamp Bellevue, 10/6:

  • Rhonda Porter (organizer!), Ardell DellaLoggia

Washington State Association of Realtors Convention, 10/12 & 10/13:

  • Jillayne Schlicke (speaker)

Also, if you check out the event conversation on FB, you’ll see that there’s also a variety of courses being taught by RCG contributors in the near future!

And If you’re gonna be at any of these events, let us know to look out for you!

Zillow and the SeattlePI Partner-up for Property Searches

Zillow and SeattlePI business partnership

As is being widely announced in the news this morning, Zillow.com and the SeattlePI.com websites have partnered to offer co-branded website property searches. Ironically as of 8am you can find this story on Reuters, Inman News, and of course Twitter and Facebook. But Ironically it is still missing from the Homepage of SeattlePI.com.

The website will also offer Zillow’s other features such as home values, “just sold” data, local market data, etc.  As well as their custom real estate community content via Zillow Advice and mortgage rates from their Mortgage Marketplace function.

This raises some interesting issues for other companies, organizations, brokerages, and agents who  have property search functionality built into their blogs and websites in order to drive traffic to their sites, and ultimately derive business from it. Rain City Guide is a great example of a website that has recently added property search functionality through M Realty in hopes of garnering more viewers, and potentially a revenue stream as well. Many agents, including myself, have spent years developing websites that we use to attract potential buyers and sellers. Is Zillow now officially our competition?

Strategically this makes a lot of sense for both companies as the SeattlePI is struggling to re-create it’s business model after shutting down it’s printed newspaper version in March. And Zillow has recently been monetizing their searches through selling advertising to agent’s by zip codes.

I wonder what RCG’s readers and contributers think of this turn of events. It’s definately a “game changer”. The question is, what’s the new game going be like, and who’s going to get to play?

Inspection = Yay or Nay

thumbs-downAn alternate title for this post might be “The seller doesn’t ‘have to’…anything”.

I am writing two offers today and the one MOST IMPORTANT thing to keep in mind when making an offer on a house is, the seller does not have to do anything during escrow except pack and move out!

In this market, if you have successfully achieved the lowest possible price at time of contract negotiations, there is often NO MORE ROOM for the seller to give at time of inspection negotiation.  This is not always the case, but is clearly more often the case IF you have achieved a hard bargain at time of contract. The better you were at getting lowest possible price in the beginning…the less likely you will get anything at all at time of home inspection “negotiations”.

There is a misconception that the seller has to compensate, or even give a RA, about the negative items in the home inspection report. Not so! You have a Yay or Nay vote, that is true. You can say, “I don’t want this house because of that $50 defect”, in fact you don’t have to give a reason at all. You have the right (in the Seattle area under our standard Home Inspection Contingency, assuming you attached one) to “cancel on inspection”.

BUT there is absolutely nothing in the contract negotiations to compel a seller to fix or compensate the buyer for defects found during the home inspection timeframe. “Timeframe” the key word(s) there. IF you are going to cancel, there is a drop dead date for your having the right to do that. Every contract is different. Most often it is in the first 10 days from when you originally achieved a “signed around” contract. Could be 5 days…could be 7 days…pay attention to the blank as filled in on your Inspection Contingency.

When you make an offer, inspect the home as carefully as you can and make sure your initial offer “compensates you” for clearly obvious negatives. Inspection negotiation is no time for you to start wanting money for something you could easily have seen without the help of a home inspector. To be clear, you CAN do that. But do you want to lose the house because you didn’t take that into consideration at time of offer?

Look at the date on the hot water tank, look at the date on the heater (sometimes harder to find), try to determine the age of the roof. Turn on all the lights, the appliances, flush the toilets. There are many things you can check before you are “in contract”. Often with short sales and bank-owned property, you are pretty much buying “as is”. Even with a regular sale, often the seller simply has no money to give in a 2nd round of negotiations.

Understand that your contractual rights are “yay or nay”, and NOT that the seller “has to”…anything.